No preview available
HomeMy WebLinkAboutC17-083 JviationS EGE AIJ I TIONAir Carrier Apron Recon AMENDMENT NO. TEN (10) TO CONTRACT DATED MAY 14, 2013 BETWEEN JVIATION, INC. AND EAGLE COUNTY, COLORADO The Sponsor and the Engineer agree to amend their contract for improvements to the Eagle County Regional Airport, Gypsum, CO dated May 14, 2013, as amended June 28, 2016 (the "Original Contract"), to add the additional services and associated fees identified in the Scope of Work for Eagle County Regional Airport dated January 26, 2017, attached hereto as Exhibit A-10 and incorporated herein by this reference. NOW THEREFORE, in consideration of the foregoing and the mutual rights and obligations as set forth below, the parties agree as follows: The Original Contract shall be amended to include the following provisions: (1) FEES: The Sponsor agrees to pay the Engineer for the services relating to Apron Reconstruction (Phase IV) (the "Project") according to the schedule under Exhibit A-10 in the following manner: PART B - SPECIAL SERVICES (SOILS AND PAVEMENT INVESTIGATIONS/TOPOGRAPHIC SURVEYS/HYDROLOGIC STUDIES/CONSTRUCTION ADMINISTRATION AND FIELD ENGINEERING) The fees for SPECIAL SERVICES (LUMP SUM) engineering is as follows: ACCEPTANCE TESTING Acceptance Testing....................................................................................................Lump sum of $68,337.00 CONSTRUCTION ADMINISTRATION AND FIELD ENGINEERING Construction Administration.................................................................................. Lump Sum of $73,820.00 Pre -Construction Coordination.............................................................................. Lump Sum of $26,770.00 Post Construction..................................................................................................... Lump Sum of $70,675.00 REIMBURSABLE COSTS Reimbursable Costs During Construction.............................................................Lump sum of $48,806.00 TOTAL SPECIAL SERVICES (LUMP SUM) .................................................. Lump sum of $288,408.00 The fees for SPECIAL SERVICES (COST PLUS A FIXED FEE) engineering is as follows: The estimated maximum for CONSTRUCTION ADMINISTRATION and FIELD ENGINEERING is: Construction Coordination..................................................................Cost Plus a Fixed Fee of $401,698.00 TOTAL SPECIAL SERVICES (COST PLUS A FIXED FEE)....... Cost Plus a Fixed Fee $401,698.00 64� 66� TOTAL PART B - SPECIAL SERVICES................................................................................... $690,106.00 Method of payment shall be as follows: For services rendered under PART B - SPECIAL SERVICES (LUMP SUM), the Sponsor agrees to make monthly payments based upon the work performed by the Engineer, up to 100 percent of the total contract price for Special Services. For services rendered under PART B - SPECIAL SERVICES (COST PLUS A FIXED FEE), the Sponsor shall reimburse the Engineer for allowable costs such as salary, overhead, and direct non -salary expenses, plus a fixed fee. • The overhead rate is 184.94%, and is subject to annual revision by the Engineer. Annual revision must be provided to Sponsor in writing. • The fixed fee is 20.00% of labor costs, and is subject to annual revision by the Engineer. Annual revision must be provided to Sponsor in writing. Amendments with a cost -plus -a -fixed -fee payment may be renegotiated for both the contract upper limit, defined as the not -to -exceed contract value, and the fixed fee. In order for renegotiation to occur, the following must take place: 1) The Engineer must alert the Sponsor when the Engineer's cumulative costs approach the upper limit. 2) The Sponsor and Engineer should assess whether the remaining work effort can be completed within the remaining contract limits. 3) The Engineer must obtain Sponsor approval before exceeding the upper limit. An increase in costs over the original contract value can occur for several reasons including, but not limited to, poor performance of construction contractor that results in additional inspection and oversight efforts; increase in construction contract time due to weather events that exceed the norm for the location; and added scope of work or services. On occasion, the Engineer is called upon to continue technical inspection services on construction contracts overrunning the program schedule contemplated at the time of negotiation. In most instances, the time element is beyond the control of the Engineer. In this instance the Engineer must be reimbursed for services in excess of the specified period of time agreed upon in each Amendment at a mutually acceptable fee negotiated at the time all the pertinent circumstances are known. The cost of additional Engineer technical inspection services that result from contractor caused construction delays will be included in the liquidated damages established for construction contracts. Page 2 of 11 (2) ASSURANCES During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "Engineer'') agrees as follows: I. CIVIL RIGHTS ACT OF 1964, TITLE VI — CONTRACTOR CONTRACTUAL REQUIREMENTS (Reference: 49 CFR Part 2n During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "Engineer'') agrees as follows: Compliance with Regulations. The Engineer shall comply with the Regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter, ''DOT'') Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations), which are hereinincorporatedby reference andmade a part of this contract. Nondiscrimination. The Engineer, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment The Engineer shpll not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by the Engineer for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Engineer of the Engineer's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. Information and Reports. The Engineer shall provide all information and reports required by the Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the Sponsor or the Federal Aviation Administration (FAA) to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of an Fngineeris in the exclusive possession of another who fails or refuses to famish this information, the Engineer shall so certify to the sponsor or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information. Sanctions for Noncompliance. In the event of the Engineer's noncompliance with the nondiscrimination provisions of this contract, the Sponsor shall impose such contract sanctions as it or the FAA may determine to be appropriate, including, but not limited to: a. Withholding of payments to the Engineer under the contract until the Engineer complies, and/or b. Cancellation, termination, or suspension of the contract, in whole or in part. Incorporation of Proi inions. The Engineer shall include the provisions of paragraphs one through five above (Coiliance aaith Regulations IVondiscrinainatson SolicitationsforSubcontaacts Information and Reiorts and Sanctions for Nonrotilianre) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The Engineer shall take such action with respect to any subcontract or procurement as the sponsor or the FAA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in Page 3 of 11 the event an Engineer becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Engineer may request the Sponsor to enterinto suchlitigation to protect the interests of the sponsor and, in addition, the Engineer may request the United States to enter into such litigation to protect the interests of the United States. II. AIRPORT AND AIRWAY IMPROVEMENT ACT OF 1982, SECTION 520 - GENERAL CIVIL RIGHTS PROVISIONS (Reference? Airport and AirwaylmprovementAct of1984 Section 520; Title 49 47123;AC 150/510 15, Para. 10. c. ) The Engineer assures that it will comply with pertinent statutes, Executive orders and such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from part icipatingin any act ivityconducted with or benefiting from Federal assistance. This provision obligates the tenant/concessionaire/lessee or its transferee for the period during which Federal assistance is extended to the airport a program, except where Federal assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon. In these cases the provision obligates the party or any transferee for the longer of the following periods: (a) the period during which the property is used by the airport sponsor or any transferee for a purpose for which Federal assistance is extended, or for another purpose involving the provision of similar services or benefits or (b) the period during which the airport sponsor or any transferee retains ownership or possession of the property. In the case of Engineers, this provision binds the Engineers from the bid solicitation period through the completion of the contract. This provision is in addition to that required of Title VI of the Civil Rights Act of 1964. III. DISADVANTAGED BUSINESS ENTERPRISES (Reference• 49 CFR Part26) • Contract Assurance (P6.13) - The Engineer or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract The Engineer shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by the Engineer to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the recipient deems appropriate. Prompt Payment (P6.29) - The prime Engineer agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than Fifteen (15) days from the receipt of each payment the prime Engineer receives from Sponsor. The prime Engineer agrees further to return retainage payments to each subcontractor within Fifteen (15) days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause followingwritten approval of the Board This clause applies to both DBE and non -DBE subcontractors. IV. LOBBYING AND INFLUENCING FEDERAL EMPLOYEES (Reference; 49 CFR Part 20, Appendix A) The bidder or offeror certifies by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: 1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Bidder or Offeror, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. Page 4 of 11 2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3) The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or enteringinto this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the requiredcertification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. V. ACCESS TO RECORDS AND REPORTS (Reference; 49 CFR Part18.3S(i); FAA Order 5100.38) The Engineer shall maintain an acceptable cost accounting system. The Engineer agrees to provide the Sponsor, the Federal Aviation Administration and the Comptroller General of the United States or any of their duly authorized representative's access to any books, documents, papers, and records of the Engineer which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. The Engineer agrees to maintain all books, records and reports required under this contract for a period of not less than three years after final payment is made and all pending matters are closed. VI. BREACH OF CONTRACT TERMS (Reference: 49 CFR Part 18.36) Any violation or breach of terms of this contract on the part of the contractor or its subcontractors may result in the suspension or termination of this contract or such other action that may be necessary to enforce the rights of the parties of this agreement. Sponsor will provide Engineer written notice that describes the nature of the breach and corrective actions the Engineer must undertake in order to avoid termination of the contract. Sponsor reserves the right to withhold payments to Engineer until such time the Engineer corrects the breach or the Sponsor elects to terminate the contract. The Sponsor's notice will identify a specific date by which the Engineermust correct the breaclti Sponsor may proceed with termination of the contract if the Engineer fails to correct the breach by deadline indicated in the Sponsor's notice. The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder are in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed or available by law. VII. RIGHTS TO INVENTIONS (Reference• 49 CFR Part18.3S(i)(8); FAA Order 5100.38) Contracts or agreements that include the performance of experimental developmental, or research work must provide for the rights of the Federal Government and the Sponsor in any resulting invention as established by 37 CFR part 401, Rights to Inventions Made by Non-profit Organizations and Small Business Firms under Government Grants, Contracts, and Cooperative Agreements. This contract incorporates by reference the patent and inventions rights as specified within in the 37 CFR §401.14. Contractor must include this requirement in all sub -tier contracts involving experimental, developmental or research work. Page 5 of 11 VIII. TRADE RESTRICTION CLAUSE (Reference; 49 CFR Part 30.13; FAA Order 5100.38) By submission of an offer, the Engineer certifies that with respect to this solicitation and any resultant contract, the Engineer — • is not owned or controlled by one or more citizens of a foreign countryincluded in the list of countries that discriminate against U.S. firms as published by the Office of the United States Trade Representative (U.S.T.R); • has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country included on the list of countries that discriminate against U.S. firms as published by the U.S.T.R; and • has not entered into any subcontract for any product to be used on the Federal on the project that is produced in a foreign country included on the list of countries that discriminate against U.S. firms published by the U.S.T.R. This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001. The Engineer must provide immediate written notice to the Sponsor if the Engineer learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The Engineer must require subcontractors provide immediate written notice to the Engineer if at any time it learns that its certification was erroneous by reason of changed circumstances. Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to an Engineer or subcontractor: Required Contact Provisions Issued on January 29, 2016 Page 64 AIP Grants and Obligated Sponsors Airports (ARP) 1) who is owned or controlled by one or more citizens or nationals of a foreign countryincluded on the list of countries that discriminate against U.S. firms published by the U.S.T.R or 2) whose subcontractors are owned or controlled by one or more citizens or nationals of a foreign country on such U.S.T.R list or 3) who incorporates in the public works project any product of a foreign country on such U.S.T.R list; Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. The Engineer agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in in all lower tier subcontracts. The contractor may rely on the certification of a prospective subcontractor that it is not a firm from a foreign country included on the list of countries that discriminate against U. S. firms as published by U.S.T.R, unless the Engineer has knowledge that the certification is erroneous. This certification is a material representation of fact upon which reliance was placed when making an award If it is later determined that the Engineer or subcontractor knowingly rendered an erroneous certification, the Federal Page G of 11 Aviation Administration may direct through the Sponsor cancellation of the contractor subcontract for default at no cost to the Sponsor or the FAA IX. TERMINATION DF CONTRACT (Reference: 49 CFR Part 18.M(i}(2); FAA Order5100.38j The Sponsor may, by written notice to the Engineer, terminate this Agreement for its convenience and without cause or default on the part of the Engineer. Upon receipt of the notice of termination, except as explicitly directed by the Sponsor, the Engineer must immediately discontinue all services affected. Upon termination of the Agreement, the Engineer must deliver to the Sponsor all data, surveys, models, drawings, specifications, reports, maps, photographs, estimates, summaries, and other documents and materials prepared by the Engineer under this contract, whether complete or partially complete. The Sponsor agrees to make just and equitable compensation to the Engineer for satisfactory work completedup through the date the Engineer receives the terminationnotice. Compensation will not include anticipated profit on non -performed services. The Sponsor further agrees to hold Engineer harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause. Either party may terminate this Agreement for cause if the other party fails to fulfill its obligations that are essential to the completion of the work per the terms and conditions of the Agreement. The party initiating the termination action must allow the breacl�dng party an opportunity to dispute or cure the breach. The terminating party must provide the breaching party [7] days advance written notice of its intent to terminate the Agreement. The notice must specify the nature and extent of the breach, the conditions necessary to cure the breach, and the effective date of the termination action. The rights and remedies in this clause are in addition to any other rights and remedies provided by law or under this agreement Termination by Sponsor: The Sponsor may terminate this Agreement in whole or in part, for the failure of the Engineer to: 1) Perform the services within the time specified in this contract or by the Sponsor approved extension; 2) Make adequate progress so as to endanger satisfactory performance of the Project; 3) Fulfill the obligations of the Agreement that are essential to the completion of the Project. Upon receipt of the notice of termination, the Engineer must immediately discontinue all services affected unless the notice directs otherwise. Upon termination of the Agreement, the Engineer must deliver to the Sponsor all data, surveys, models, drawings, specifications, reports, maps, photographs, estimates, summaries, and other documents and materials prepared by the Engineer under this contract, whether complete or partially complete. The Sponsor agrees to make just and equitable compensation to the Engineer for satisfactory work completed up through the date the Engineer receives the termination notice. Compensation will not include anticipated profit on non -performed services. The Sponsor further agrees to hold Engineer harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause. If, after finalization of the termination action, the Sponsor determines the Engineer was not in default of the Agreement, the rights and obligations of the parties shall be the same as if the Sponsor issued the termination for the convenience of the Sponsor. Page 7 of 11 Termination by Engineer: The Engineer may terminate this Agreement in whole or in part, if the Sponsor. 1) Defaults on its obligations under this Agreement; 2) Fails to make payment to the Engineer in accordance with the terms of this Agreement; 3) Suspends the Project for more than [180] days due to reasons beyond the control of the Engineer. Upon receipt of a notice of termination from the Engineer, Sponsor agrees to cooperate with Engineer for the purpose of terminating the agreement or portion thereof, by mutual consent If Sponsor and Engineer cannot reach mutual agreement on the termination settlement, the Engineer may, without prejudice to any rights and remedies it may have, proceed with terminating all or parts of this Agreement based upon the Sponsor's breach of the contract. In the event of termination due to Sponsor breach, the Engineer is entitled to invoice Sponsor and to receive full payment for all services performed or farrushed in accordance with this Agreement and all justified reimbursable expenses incurred by the Engineer through the effective date of termination action. Sponsor agrees to hold Engineer harmless for errors or omissions in documents that are incomplete as a result of the termination action under this clause. X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION (Reference: 49 CFR Part 29, FAA Order 5100.38) The Engineer certifies, by submission of this proposal or acceptance of this contract, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. It further agrees by submitting this proposal that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the bidder/ offeror/Engineer or any lower tier participant is unable to certify to this statement, it shall attach an explanation to this solicitation/proposal. XI. OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970 (Reference. 20 CFR part 1910) All contracts and subcontracts that result from this solicitation incorporate by reference the requirements of 29 CFR Part 1910 with the same force and effect as if given in full text. Engineer mustpromide a work environment that is free from recognized hazards that may cause death or serious physical harm to the employee. The Engineer retains full responsibility to monitor its compliance and their subcontractor's compliance with the applicable requirements of the Occupational Safety and Health Act of 1970 (20 CFR Part 1910). Engineer must address any claims or disputes that pertain to a referenced requirement directly with the U.S. Department of Labor — Occupational Safety and Health Administration. XII. CLEAN AIR AND ❑,ATER POLLUTION CONTROL (Reference: 2 CFR5200Appendix II(G)) Engineer agrees to comply with all applicable standards, orders, and regulations issued pursuant to the Clean Air Act (42 U.S.C. § 740-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251-1387). The Engineer agrees to report any violation to the Sponsor immediately upon discovery. The Sponsor assumes responsibility for notifying the Environmental Protection Agency (EPA) and the Federal Aviation Administration. Engineer must include this requirement in all subcontracts that exceeds $150,000. XIII. CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS (Reference. 2 CFR 5 200 Appendix II (E)) • Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such Page 8 of 11 laborer or mechanic, including watchmen and guards, in anyworkweek inwhichhe or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the claus e s et forth in paragraph (1) above, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed inviolation of the clause set forth in paragraph 1 above, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph 1 above. Withholding for Unpaid Wages and Liquidated Damages. The Federal Aviation Administration or the Sponsor shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contractwith the same prime contractor, or any other Federally -assisted contract subj ect to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 2 above. Subcontractors. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs 1 through 4 and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 1 through 4 of this section. XIV. FEDERAL FAIR LABOR STANDARDS ACT (FEDERAL MINIMUM WAGE) (Reference: 29 U5C5201, et seq.) All contracts and subcontracts that result from this solicitation incorporate by reference the provisions of 29 CFR part 201, the Federal Fair Labor Standards Act (FLSA), with the same force and effect as if given in full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards for full and part time workers. The Engineer has full responsibility to monitor compliance to the referenced statute or regulation. The Engineer must address any claims or disputes that arise from this requirement directly with the U.S. Department of Labor — Wage and Hour Division. XV. TEXT ING WHEN DRIVING (References. • Executive Order 13513, DOT Order 3902.10) In accordance with Executive Order 13513, ''Federal Leadership on Reducing Text Messaging While Driving'' (10/1/2009) and DOT Order 3902.10 "Text Messaging While Driving' (12/30/2009), the FAA encourages recipients of Federal grant funds to adopt and enforce safety policies that decrease crashes by distracted drivers, including policies to ban text messaging while driving when performing work related to a grant or sub -grant In support of this initiative, the Sponsor encourages the Engineer to promote policies and initiatives for its employees and other work personnel that decrease crashes by distracted drivers, including policies that ban text messaging while driving motor vehicles while performing work activities associated with the project. The Engineer must include the substance of this clause in all sub -tier contracts exceeding $3,500 and involve driving a motor vehicle in performance of work activities associated with the project. Page 9 of 11 XVI. ENERGY CONSERVATION REQUIREMENTS (References. 2 CFR 5200Appen&xll(H)} Engineer and Subcontractor agree to comply with mandatory standards and policies relating to energy efficiency as contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6201 et seq). XVII. VETERAN'S PREFERENCE (References 49 USC_f47112(c)} In the employment of labor (excluding executive, administrative, and supervisory positions), the contractor and all sub -tier contractors must give preference to covered veterans as defined within Title 49 United States Code Section 47112. Covered veterans include Vietnam -era veterans, Persian Gulf veterans, Afghanistan -Iraq war veterans, disabled veterans, and small business concerns (as defined by 15 U.S.C. 632) owned and controlled by disabled veterans. This preference only applies when there are covered veterans readily available and qualified to perform the work to which the employment relates. Page 10 of 11 All other terms and conditions of the Original Contract shall remain in effect IN WITNESS WHEREOF, the parties hereto have affixed their signatures as ,:,,f03/14/2017 SPONSOR-- COUNTY PONSORCOUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: Name: Jill Ryan Title: Chair ENGINEER: Jviation, Inc. M Name: Title: Principal ATTEST: Regina O'Brien, Clerk to the Board Page 11 of 11 Eagle Counay RegmnalAvport ATP Pro, jest No. 3-08-0020-056 Ab- CarrierApr❑n Reconstradion (Phase IV)— Co nstradion Administration December 12, 2016 SCOPE OF WORD FOR EAGLE COUNTY REGIONAL AIRPORT Gypsum, Colorado AIP Project No. 3-08-0020-056 Air Carrier Apron Reconstruction (Phase IV) — Construction Administration This is an Appendix attached to, made a part of, and incorporated by reference with the Consulting Contract dated May 14, 2013 between the County of Eagle, a body politic and corporate of the State of Colorado on behalf of Eagle County Regional Airport and Tviation, Inc., a Colorado Corporation, for providing for professional services. The as -bid construction cost of the project is $8,161,087.96. For the remainder of this scope Eagle County Regional Airport is indicated as "Sponsor" and Tviation, Inc. is indicated as "Engineer". DESCRIPTION: This project will consist of providing Construction Administration, Pre -Construction Coordination, On-site Construction Coordination, and Post Construction Coordination Phases for the Project. It should be noted that the design and bidding services for the Project provided by the Engineer for the Sponsor were covered under a separate scope of work dated April 14, 2016. This scope of work is for the engineering and administrative services to be provided by the Engineer for the Sponsor throughout the construction of the Project. See Exhibit No. 1 below for the project location. EXHIBIT NO. 1 The Engineering fees for the construction administration services for the Air Carrier Apron Reconstruction (Phase IV) Project include, Part B -Special Services; 4) Construction Administration Phase, 5) Pre -Construction Phase, 6) On-site Construction Coordination Phase, or Field Page 7 ❑f 6 Eagle Comx!y RegmnalAarport AIP Project No. 3-08-0020-056 Ab- CarrierApv❑n Rec❑nstrrsction (Phase IV)— Constrartion Administration December 12, 2016 Engineering, 7) Post Construction Phase, and EX) Reimbursable Costs During Construction. In addition, this scope of work will include additional services that will be completed by sub - consultants to Tviation including quality assurance testing during construction. Part B, and the four corresponding phases are described in more detail below. PART B - SPECIAL SERVICES: Part B - Special Services will consist of the construction administration phase, pre -construction coordination phase, on-site construction coordination phase, and post-construction/project close out phase. Also included are direct subcontract costs, such as quality assurance testing verification during construction. 4.0 Constrxretron Administm ron Phase 4.1 Prepare Project Scope of Work and Contract. This task includes establishing the scope of work through meetings with the Sponsor and the FAA. This also includes drafting the contract for the work to be completed by the Engineer for the Sponsor. 4.2 Prepare Construction Contract and Documents. This item accounts for the efforts during and immediately prior to project construction. In agreement with the FAA, the Engineer will prepare the Notice of Award, Notice to Proceed, and Contract Agreements for the Sponsor's approval and signatures. Appropriate copies will be submitted to the successful Contractor for their signatures. Hard copies and a PDF of the construction drawings and contract documents will be provided to the Contractor for use during construction. 4.3 Office Assistance. Office engineering staff, CAD personnel, and clerical staff will be required to assist the Construction Manager/Field Engineer(s) as necessary throughout the construction of the Project. Specific items to be accomplished include compiling and sending additional information requested from the office to the project site, providing secondary engineering opinions on issues arising during construction, maintaining project files as necessary (field files are mirrored in the office for continuity) and various other items necessary in the day-to-day operations. 4.4 Weekly/Monthly Reports. The Project Manager will review progress reports weekly and monthly. 4.5 Project Coordination. The Engineer shall provide coordination services to ensure the Sponsor is informed of the status of this construction project. The Engineer and accounting support staff shall prepare the monthly invoice in the cost plus fixed fee (CPFF) format. This task includes the following task + Provide the Sponsor with a monthly Project Status Report (PSR), in writing, reporting on Engineer's progress and any problems in performing the work of which the Engineer becomes aware. + Prepare and submit the monthly invoice in the cost plus fixed fee (CPFF) format. 4.6 Material Submittal Review. Material submittal data will be reviewed and approved by the Construction Manager/Field Engineer(s) or office personnel, if the Construction Manager/Field Engineer(s) are unable to make final determination of compliance. Page 2 of 6 Eagle Coux!y RegmnalAarport AIP Project No. 3-08-0020-056 Ab- CarrierApmn Rec❑nstrrsction (Phase IV)— ConstrrsctionAdministration December 12, 2016 4.7 Change Orders/Supplemental Agreements. Clerical and drafting personnel will assist with change orders and supplemental agreements, as necessary. TASK 4 DELIVERABLES: TO TO FAA SPONSOR- PONSORA. A.Project Scope of Work and Contract B. Construction Contract and Documents C. Monthly Project Status Report (PSR) V D. Change Orders/ Supplemental Agreements V11, V11 5.0 Pre-Consinzelion Coordination Phase 5.1 Prepare Project Files. This task is to assure the construction contracts are in order, the bonds have been completed, and the Contractor has been provided with adequate copies of the Construction Drawings, Specifications, and Contract Documents, which will be updated to include all addenda items issued during bidding. Clerical staff will prepare the quantity sheets, testing sheets, construction report format, etc. 5.2 Prepare/Conduct Pre -Construction Meeting. This task is to assure the pre -construction meeting has been scheduled and all necessary parties have been informed. The Engineer will prepare and conduct a pre -construction meeting to review FAA requirements prior to commencing construction. The meeting will be held at the Airport and will included the Sponsor, FAA (if possible), Contractor, sub-contractor(s), and airport tenants affected by the project. 5.3 Prepare/Submit Construction Management Plan. This task includes preparing and submitting the Construction Management Plan, which includes resumes of project personnel representing the stakeholders, detailed inspection procedures, required submittal processes, quality control testing methods, acceptance testing methods, and final test result summary forms. This task also includes coordinating with the Town of Gypsum and Eagle County on the required closure of a portion of Eldon Wilson Road for the contractor's staging area. In addition, this task includes the preparation of a traffic control plan for this road closure. 5.4 Review Contractor's Safety Plan Compliance Document. This task includes the review and to comment on the Contractor's Safety Plan Compliance Document (SPCD) as required per FAA Advirory Circular (AC) 150/5370 2F, Operation Safety on Airports during Construction, The Engineer will review to ensure that all applicable construction safety items are addressed and meet the requirements of AC 150/5370-2F and the Contract's Construction Safety and Phasing Plan (CSPP). The bid documents will address the requirement for the Contractor to submit a SPCD. The intent of the SPCD is to detail how the Contractor will comply with the CSPP. Following award of the Project to the successful Contractor and prior to the issuance of the Notice to Proceed, the Engineer will review the SPCD and provide comments and ultimately approval of the document. It is anticipated that the document will require at least one re -submittal by the Contractor to address any missing information. TASK 5 DELIVERABLES: TO TO FAA SPONSOR A. Pre -Construction Meeting Minutes V/ V/ B. Construction Management Plan V11 V11 C. Review and Approval of SPCD .I .I Page 3 ❑f 6 Eagle Coux!y RegmnalAarport AIP Project No. 3-08-0020-056 Ab- CarrierApmn Rec❑nstrrsction (Phase IV)— ConstrrsctionAdministration December 12, 2016 6.0 On -Site Consttztction Coordination Phase This phase will consist of providing one full-time Construction Manager, supported by one full-time Field Engineer. Additional Field Engineer(s) will be provided, as necessary, as dictated by the Contractor's schedule. It will be the responsibility of the Construction Manager to facilitate sufficient on-site construction coordination to ensure that the Project is completed according to good construction practice and is consistent with the Project Manager's direction. It is estimated that it will take 135 calendar days to complete construction of the project. The estimated completion time is assuming that there is sufficient on-site material either on-site borrow material or stockpiled imported off-site material. If the project is dependent on off-site imported material being hauled in by trucks during construction, the time required to complete this project may increase significantly. Incidental travel costs, including vehicle usage, mileage, lodging, per diem, etc. are in addition to the engineering hours expended. 6.1 Field Inspection/Coordination. The Project Manager will make on-site visits, as required, to deal with construction issues as necessary for the duration of the project. As of now, it is estimated that the Project Manager will be required to make a minimum of 8 site visits to the project. 6.2 Construction Engineering. The Construction Manager and full-time Field Engineer will work approximately ten (10) hours per day throughout the duration of the Project. It is assumed that the Construction Manager and Field Engineers) will be able to complete all daily project documentation in the course of their shift and that total inspection on-site time is anticipated to be 135 calendar days. 6.3 Review Construction Submittals. This task will consist of reviewing and approving the shop drawings and material submittal data received from the Contractor. Engineering field personnel will also review copies of the Contractor's survey data and other construction items for general compliance with the construction documents. 6.4 Review Contractor Payroll Forms and Perform Random Employee Interviews. Engineering field personnel will be required to conduct employee interviews and review the Contractor and sub -contractors) weekly certified payroll records as required by the FAA. As part of this effort, all certified payrolls will be reviewed and logged when received. A log identifying current status of reviews, and any action taken to correct noted discrepancies, will be provided for Sponsor review at time of request for reimbursement (R -FR-) processing as appropriate. 6.5 Calculate Construction Quantities. Engineering field personnel will maintain record of the progress and will review the quantity records with the Contractor on a periodic basis. 6.6 Periodic Cost Estimates. Engineering field personnel will prepare the periodic cost estimates and review the quantities with the Contractor. The Engineer, Sponsor, and Contractor will resolve discrepancies or disagreements with the Contractor's records. The Engineer will then submit the period cost estimate to the Sponsor for payment. 6.7 Prepare Daily Reports. Engineering field personnel will maintain daily logs of the construction activities for the duration of time on-site. 6.8 Prepare/Submit Weekly Reports. Engineering field personnel will prepare a weekly status Page 4 ❑f 6 Eagle Coux!y RegmnalAarport AIP Project No. 3-08-0020-056 Ab- CarrierApmn Rec❑nstrrsction (Phase IV)— ConstrrsctionAdministration December 12, 2016 report using the FAA's standard form. The report will be submitted to the Sponsor, the FAA, and the office. 6.9 Review QC/QA Results Provided by Contractor. Engineering field personnel will review and coordinate revisions by the Contractor for quality control and the acceptance testing firm submittals performed as part of the acceptance testing required by FAA Standard Specifications. This will occur on a weekly basis and at project completion prior to submittal to the FAA. TASK 6 DELIVERABLES: TO TO FAA SPONSOR A. Submittal Reviews B. Payroll Reviews C. Periodic Cost Estimates D. Weekly Reports V11 V/ 7.0 Past Constrxretron Coordination Phase This phase will consist of project close out and site cleanup. 7.1 Conduct Final Inspection. The Engineer, along with the Sponsor and FAA (if available), will conduct the final inspection. All acceptance test summaries must be accepted by the FAA prior to final inspection. 7.2 Coordinate Final Surveys. The Engineer will coordinate with the Contractor's surveyor for the final survey upon completion of construction. 7.3 Prepare Clean -tip Item List. The Engineer will assure the Contractor has removed all construction equipment and construction debris from the Airport, that all access points have been re -secured (fences repaired, gates closed and locked, keys returned, etc.) and the site is clean. 7.4 Prepare Final Testing Report. The Engineer will prepare and submit a summary of all the applicable quality control and acceptance testing performed for this Project to the FAA for review/approval. 7.5 Prepare Engineering Record Drawings. The Engineer will prepare and submit the record drawings indicating modifications made during construction. 7.6 Prepare Final Construction Report. The Engineer will prepare and submit the final construction report to the FAA for review/approval. 7.7 DBE Uniform Report. This task will also include completing and submitting the Uniform Report of DBE Awards or Commitments and Payments (DBE Uniform Report) for the Sponsor. 7.8 Update and Modify Airport Layout Plan (ALP). The Engineer will review and update the ALP to reflect the work completed during this Project. 7.9 Summarize Project Costs. The Engineer will be required to obtain all administrative expenses, engineering fees and costs, surveying costs, testing costs, and construction costs associated with Page 5 ❑f 6 Eagle Coux!y RegmnalAarport AIP Project No. 3-08-0020-056 Ab- CarrierApmn Rec❑nstrrsction (Phase IV)— ConstrrsctionAdministration December 12, 2016 project and assemble a total project summary. The summary will be compared with available funding. 7.10 Assist with Project Audit. When requested by the Sponsor or FAA, the Engineer will assist with any project audit. The Engineer will provide files requested that are pertinent to the project cost and completion. TASK 7 DELIVERABLES: TO FAA TO SPONSOR A. Clean-up List V/ V11 B. Final Testing Report V/ V/ C. Record Drawings V/ V/ D. Final Construction Report V/ V/ E. DBE Uniform Report V/ V/ F. Updated ALP V/ V/ G. Project Cost Summary V/ V/ EX Reim hursalile Casts Dzuin a Construction This section includes reimbursable items including auto rental, mileage, and any other miscellaneous costs that the Engineer incurred in order to complete the scope of work detailed above for Part B — Special Services. ,pedal Considerations The following special considerations are required for this project but will be completed by sub - consultants to the Engineer. The cost for this work will be included in the engineering contract agreement with the Sponsor and the costs are in addition to the engineering fees outlined above. Acceptance Testing (Ground Engineering Consultants, Inc.): Acceptance testing will be performed under the direct supervision of the Construction Manager/Field Engineer(s). All acceptance test summaries must be accepted by the FAA prior to final inspection. Certified materials technicians will perform the necessary material acceptance testing for the following items, as detailed in the project specifications: • Item P-152 Excavation and Embankment • Item P-153 Controlled Low -Strength Material (CLSM) • Item P-154 Subbase Course • Item P-306 Econocrete Base Course • Item P-401 Plant Mix Bituminous Pavements • Item P-610 Structural Portland Cement Concrete Page 6 ❑f 6 AIRPORT: Eagle County Regional Airport LOCATION: Gypsum, Colorado PROJECT DESCRIPTION: Apron Reconstruction (Phare IV) PROJECT NUMBER: 3-08-0020-056 DATE: January 26, 2017 Irem No. 0.0 Consbrcion Admi.dstmion Phase Princid Conumuion Man Pr Men Ass -Enineer p agu oject agu g $225.00 $180.00 $145.00 1135.00 CARD Tech $105.00 Pr Coordinazor Admini"'- Total Hou. ojeu SuPPo $85.00 185.00 Cost Summ azy Toru)Cost Iudepeudeut Fee Negoti-d 4 16 4 24 j 3,560.00 4.2 Prepaze Constmaion Conttaa and Documents Analysis Fee PART B -SPECIAL SERVICES (Lump Sum) 4 32 j 4,640.00 4.3 Office Assistance 24 80 6. 24 4.0 Construction Administration Phase j 28,300.00 4.4 Weekly/Monthly Reports 8 24 8 $ 73,820.00- 5.0 Pre -Construction Coordination Phase 5,280.00 4.5 Project. Coordination 16 40 52 Prepaze / Conduct P-Conssmcdon M«ting 40 16 $ 26,770.00- 6.0 Post Construction Coordination Phase 4.6 Mazerd SubmittalR- 4 40 8 40 { 92 j $ 70,675.00 $ $ SUBTOTALPART B SPECIAL SERVICES (Lump S.-) 4 8 8 8 8 28 j 4$80.00 $ 171,265.00 66 68 192 II6 L Overhead (% of Fixed Fee (/o of 73,820.0 j Snmmay Costs $16,600.0 $8,660.00 $27,860.0 $15,660.0 Direct Labor Cost Direct Labor Total Labor Cost Total Labor Cost) Subtotal Total Cost $ 26,770.01 Cost) $10,800.0 $3,770.0 $5,600.0 $2,520AO PART B - SPECIAL SERVICES (Cost Plus Fixed Fee) 184.94% 20.00% 7.0 On -Site Construction Coordination Phase (Based on 135 Cal -d. Days, $ 117,480.38 $ 217,268.21 $ 334,748.59 $ 66,949.72 $ 401,698.31 $ 401,698.00- -king 6 days/week) EX Reimbursable Costs During Construction $ 48,805.76 $ 48,805.76 $ 48,806.00 - SUB 1 Acceptance Testing $ 68,337.42 $ 68,337.42 $ 68,337.00 $ $ SUBTOTALPART B SPECIAL SERVICES (Cost Plus Fixed Fee) $ 234,623.56 $ 217,268.21 $ 334,748.59 $ 66,949.72 $ 518,841.49 $ 518,841.00 TOTAL ENGINEERING FEES mL $ 690,106.00 $ Irem No. 0.0 Consbrcion Admi.dstmion Phase Princid Conumuion Man Pr Men Ass -Enineer p agu oject agu g $225.00 $180.00 $145.00 1135.00 CARD Tech $105.00 Pr Coordinazor Admini"'- Total Hou. ojeu SuPPo $85.00 185.00 Cost Summ azy 4.1 Prepaze Pmjw.-w of W.&and Cont.et 4 16 4 24 j 3,560.00 4.2 Prepaze Constmaion Conttaa and Documents 4 16 8 4 32 j 4,640.00 4.3 Office Assistance 24 80 6. 24 8 116 j 28,300.00 4.4 Weekly/Monthly Reports 8 24 8 32 j 5,280.00 4.5 Project. Coordination 16 40 52 Prepaze / Conduct P-Conssmcdon M«ting 40 16 j 12,800.00 4.6 Mazerd SubmittalR- 4 40 8 40 { 92 j 14,660.00 4.7 Chaz,ge Orde./Supplementd Agreements 4 8 8 8 8 28 j 4$80.00 Estimated Total Man -home 66 68 192 II6 L 0 % 500 $ 73,820.0 j Snmmay Costs $16,600.0 $8,660.00 $27,860.0 $15,660.0 $2,520.0 $0.00 $6,760.0 Told Construction Administration Phase $ 73,870.00 tem No. Princi d P Conumuion Mona u Pr Man 8 oject ager Asso -R agineer CD Tech Proeu Coordinator Adrwus.- Total Hours Cost Summ Suppoa 5.0 P -- d- Cooedination Phase 1225.00 $180.00 $145.00 $135.00 $105.00 $85.00 $85.00 5.1 Prepaze Pmjeus Files 4 8 8 16 8 44 { 5100.01 52 Prepaze / Conduct P-Conssmcdon M«ting 8 12 8 8 36 { 6U. - ,200.0153 5L3Prepaze / Submit Constmction Management Plan 4 40 8 16 8 76 j 12,260.01 54 Review Contraetois Safety Plan Compliance Doarment 8 2 8 18 j 2,810.01 Estimated T.14 Man -home 16 60 26 60 26 0 8 176 $ 26,770.01 Sammay Cos. $3,600.0 $10,800.0 $3,770.0 $5,600.0 $2,520AO EI.00 $680.00 Tou1Pm-Construction Coosdinadou Phase $ 76,770.01 PTI of 2 L IEGEIEGE AIP 561 BPC SOW Ftps__Eng Co-JEM, Fees llVarMSuh+)Uaianonl ConstAdJEGE MP EM Fee -CM xlsx PART Item No. 60 Po., Conrnrcion Coordination Phme Ni -PA P 3225.00 Constmction Man a8e' 3180.00 oject a8er Pr Men 3145.00 Asso R.gm r 8 3135.00 CMD Tech 3105.00 Pc Coordinazor %`ct' 385.00 Admuus.azra Suppo, 185.00 Tocol Hous Cost Summ ary 6.1 Conduct Proal Inspection 8 8 8 8 72 Constmction Engin«ring T.W 32 j 5,980.00 6.2 Coordinaze Pmal Surveys 3 75,144.04 8 Review Constmction Submittals 8 40 24 40 16,980.00 16 j 2,520.00 6.3 Prepaze Clem -up Item List 0 Mi 8 HO 8 104 3 4,523.20 73 16 j 2,520.00 6.4 P,,- F A Testing Repo, GDays 40 j 1,814.56 16 Peoodic­Es�imazes 3 12 H 56 j 9,360.00 6.5 Prepaze Engin«ring Record Drawings 8 24 24 24 40 3 4 124 j 17,380.00 6.6 Prepaze Fm.Constmaion Report. 8 80 8 60 j 4,4fi1.12 7.9 8 164 j 26J40.00 6.7 DBE Uniform Repo, 2 j 3,71760 8 Esumared Toral Man -hones 80 8 1157 H j 2,290.00 6.8 Updaze and Modify Airpo, Layout Plan (ALP) Snmmay Cos. $5,200.0 4 $7,367.58 8 Ph- $ 117,480.38 12 { 1,420.00 6.9 Summairae Project. Costs 4 2 8 14 j 2,420.00 6.10 Assis-Proj-Audit 1 2 2 2 7 j 1,145.00 Estimated Total Man -hones 3l 172 62 176 48 8 D 459 $ 70,675.0 Snmmay Cos. $6,975.0 $30,960.0 $8,990.0 $17,010.0 $5,010.0 $680.0 $1,020.0 Told Post Construction Phase $ 70,675.00 Iwn No. 70 On t Cknstrnction Cooedination Pha-(B.W on 135 C a lend. Day;.,Wo 6 Pone at P 165.00 Constmction Mena u Pc Men 8 Olect a8e' 152.00 142.40 Resident En ince, g 140.94 CARD Tech Pme,. CooNinazor --T-1 SuPP 130.71 124.86 1-6 Hou. Cost Summ ary 7.1 Aare Item Total 160 3 8,592.00 72 Constmction Engin«ring T.W 842 766 j 16.8 3 75,144.04 73 Review Constmction Submittals 3 140.00 40 24 40 16,980.00 104 3 4,735.20 7.4 Review Contractor Payroll Povns end Perform Rendon Employx Interviews 0 Mi 24 HO 3 205.20 104 3 4,523.20 73 Calalaze Lodging 16 24 GDays 40 j 1,814.56 7.6 Peoodic­Es�imazes 3 12 H 24 Per Diem 44 j 1,945.7fi 7.7 Prepaze Deily Repos ODays 135 135 3 270 j 12,546.90 7.8 Prepaze/Submitweekly Repos 500.00 48 48 0 Tripsj 16 j 4,4fi1.12 7.9 Review QC/QA Aesul. provided by Conttac[or 0 Trips j _ 40 40 80 j 3,71760 Esumared Toral Man -hones 80 1157 112 1157 0 0 0 2506 $ 117,480.38 Snmmay Cos. $5,200.0 $60,164.0 $1,748.80 $7,367.58 W.0 $0.0 W.0 Tool C onetraction Coordination Ph- $ 117,480.38 EX Reimbarsable Cos. Daring Conso-netion Constmaion Admini.,- Pre -Concoction Coordination On -Site Cons[mc[ion Coordinazion Post Constmction Coordinazion Aare Item Total Item T.I. Item T.W Item Told Aum Renal j 70.00 ODays 3 2 D 3 140.00 235 Days 3 16,980.00 2Days 3 140.00 Mileage 3 0.54 0 Mi 3 380 Mi 3 205.20 22084 Mi 3 11,925.36 380 Mi 3 205.20 Lodging j 95.00 GDays 3 GDays 3 135 Days 3 12,825.00 ODays 3 Per Diem j 51.00 ODays 3 ODays 3 135 Days 3 6,88500 ODays 3 Travel and Airline Coss j 500.00 0 Trips j 0 Tripsj _ 0 Trips j 0 Trips j _ Miscellaneous j eab.Ws j - j 345.20 j 4H,1153fi Total Part B {34520 Reimbareahles $ 68,805.76 ll -- SUB 1 temNo.SUB1 Aceepmnee Testing Accep.nce Tesv { 68,337.42 To W SUB 1 $ 68,337.42 Page 2 of 2 LIE6EIE6EAIP.561EngIC SOW Ftps_Eng Co-JEM,Fees(IV arMSud+)Uaianonl ConstadminlEGE AIP056-Erg Fee -CM xls CERTIFICATE OF LIABILITY INSURANCE 02/2 /2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER 1-303-534-4567 IMA, Inc. - Colorado Division CONTACT NAME: PHONE FAX A". No): ADDRESS: denaccounttechs@imacorp.com 1705 17th Street INSURERS AFFORDING COVERAGE NAIC 0 Suite 100 INSURER A: CONTINENTAL CAS CO 20443 Denver, CO 80202 INSURER B: CONTINENTAL CAS CO {CNA} 20443 INSURED CONTINENTAL CAS CO CNA 20443 INSURER C : (CNA) Jviation, Inc. INSURER D: VALLEY FORGE INS CO {CNA} 20508 900 S Broadway, Ste #350 INSURER E: CONTINENTAL CAS CO {Victor O. Schinnere 20443 INSURER F: Denver, CO 80209 COVERAGES CERTIFICATE NUMBER: 49179285 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MMfDD POLICY EXP MMfDDPYY LIMITS A X COMMERCIAL GENERAL LIABILITY C5088060978 01/07/17 01/07/18 EACH OCCURRENCE $ 2,000,000 CLAIMS -MADE � OCCUR DAMAGE TO PREMISES Ea occur ence $ 300,000 MED EXP (Anyoneperson) $ 10,000 PERSONAL& ADV INJURY $ 2,000,000 GE N'L AGG RE GATE LIMIT APPLIES PER, GENERAL AGGREGATE $ 4,000,000 PRO POLICY PRO - LOC PRODUCTS - COMPIOP AGG $ 4,000,000 $ OTHER B AUTOMOBILE LIABILITY C5088060995 01/07/17 01/07/18 COMBINEDSINGLELIMIT $ 1 000,000 Ea accident BODILY INJURY (Per person) $ X ANY AUTO ALLOWNED SCHEDULED AUTOS AUTOS BODILY INJURY [Peraccidenty $ PROPERTY DAMAGE $ Per accident XX NON -OWNED HIRED AUTOS AUTOS C X UMBRELLA LIAB X OCCUR C5088060981 01/07/17 01/07/18 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 EXCESS UAB CLAIMS -MADE DED I X I RETENTION$ 0 $ D KERSEMPLOY AND AHD EMPLOYERS LUIBILITY YERS'L3AILIT YfN ANY PROPRIETORIPARTNEMEXECUTI VE � OFFICERIMEMBER EXCLUDED? (Mandatory in NH) N f A WC593265309 01/07/17 01/07/18 X STATUTE OE E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMP LOY EE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS belay E.L. DISEASE - POLICY LIMIT $ 1,000,000 E Professional Liability AEM288320516 01/22/17 01/22/18 Deductible $150,000 Per Claim $5,000,000 Claims Made Retro Date: 01/22/10 lAggregrate $5,000,000 DESCRIPTION OF OPERATIONS f LOCATIONSf VEHICLES (ACO RD 747, Add HionaI Remarks Schedule, may beattached it more spat is required) Eagle County Colorado; its officials, boards, officers, principals, and employees are included as Additional Insureds 0 the General, Automobile, and Umbrella Liability Policies if required by written contract or agreement and with respect respect to work performed by Insured subject to the policy terms and conditions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Eagle County Colorado THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. P.O Box 850 AUTHORIZED REPRESENTATIVE Eagle, CO 81631-0000 I VSA ACORD 25 {2014)01} briannah 49179285 © 1988.2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SUPPLEMENT TO CERTIFICATE OF INSURANCE 02�DATE 2312017 NAME OF INSURED: Jviation. Inc. SUPP (10/00) P011cy#05088060978 EFFECTIVE DATE 111711 7-1 1711 8 VIVA (iia a6/i ) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - LIABILITY EXTENSION This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM Coverage afforded under this extension of coverage endorsement does not apply to any person or organization covered as an additional insured on any other endorsement now or hereafter attached to this Policy. 1. ADDITIONAL INSURED—BLANKET VENDORS WHO IS AN INSURED is amended to include as an additional insured any person or organization (referred to below as vendor) with whom you agreed, because of a written contract or agreement to provide insurance, but only with respect to 'bodily injury' or 'property damage' arising out of "your products' which are distributed or sold in the regular course of the vendor's business, subject to the following additional excluslons: 1. The insurance afforded the.vendor does not apply to: a. 'Bodily Injury` or 'property damage' for which the vendor is obilgated to pay damages_ by reason of the assumption of liability In a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; b. Any express warranty unauthorfzed by you; c. Any physical or chemical change in the product made Intentionally by the vendor; d. Repackaging, except when unpacked solely for the purpose of inspection, demonstration, tasting, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; a. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, In connection with the distribution or sale of the products; f. Demonstration, installation, servicing or repair operations, except such operations performed at the vendors premises in connection with the sale of the product; g. Products which, after distribution or safe by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or . Jr. 'Bodily injury' or 'property damage' arising out of the sole negligence of the vendor for Its SB -1 46932-E [Ed. 06111] own acts or omission or those of Its employees or anyone else acting on its behalf. However, this exclusion does not apply tm (1) The exceptions contained in Subparagraphs d. or f.; or (2) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of lousiness, in connection with the distribution or sale of The products. 2. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any Ingredient, part or container, entering into, accompanying or containing such products, 3. This provision 2. does not apply to any vendor included as an insured by an endorsement issued by us and made a part of this Policy, 4. This provision 2. does not apply If 'bodily Injury' or 'property damage' included within the 'products - completed operations hazard' is excluded either by the provisions of the Policy or by endorsement. 2. IAISCELLANEO€1S ADDITIONAL INSUREDS WHO IS AN INSURED Is amended to Include as an insured any parson or organization (called additional Insured) described in paragraphs 2.a. through 2.1h. below whom you are required to add as an additional insured on this policy under a written contract or agreement but the written contract or agreement must be: 1. Currently in effect or becoming effective during the term of this policy; avid 2. Executed prior to the 'bodily Injury,' 'property damage' or 'personal and advertlsing injury,' but Only the following persons or organizations are additional insureds under this endorsement and coverage provided to such additional insureds is limited as provided herein: a. Additionallnsured —Your Work Thal person or organization for whom you do work Is an additional insured solely for liability Page 1 of 5 S13-11 46932-E CNA ; (Ed. 46111) due to your negligence specifically resulting This insurance does not apply to "bodily from your work for the- additional insured injury,' °property damage' or 'personal and which Is the subject of the written contract or advertising injury' arising out of operations written agreement. No coverage applies to performed for tha state or municipality. liability resulting from the sole negligence of c. Controlling Interest the additional Insured. The insurance provided to the additional Any parsons or organlzatlons with a insured Is limited as follows; controlling interest in you but only with respect to their liability arising out of: (1) The Limits of Insurance applicable to the (1) Their financial control of you; or additional insured are those specified in the written contract or written agreement (2) Premises they own, maintain or control or In the Declarations of this policy, while you lease or occupy these whichever is less. These Limits of premises. Insurance are inclusive of, and not In addition to, the Limits of Insurance shown This insurance does not apply to structural in the Declarations, alterations, new construction and demolition operatlons performed by or for such additional (2) The coverage provided to the additional insured, Insured by this endorsement and d. Managers or Lessors of premises paragraph F.9. of the deflnitlon of'€nsured contract' under Liablilty and Medical A manager or lessor of premises but only. with Expenses Definitions do not apply to respect to liability arising out of the ownership, 'bodily Injury' or 'property damage" maintenance or use of that specific part of the arising out of the 'products -completed premises leased to you and subject to the operations hazard' unless required by the following additional exclusions: written contract or written agreement. This insurance does not apply to: (3) The Insurance provided to the additional insured does not apply to 'bodily injury,' (1) Any "occurrence' which takes place attar o 'property damage," or "personal and you cease to be a tenant in that premises; g advertising Injury' arising out of the or rendering or failure to render any (2) Structural alterations, new construction or professional services. demolition operations performed by or on b. State or Political Subdivisions behalf of such additional Insured. A state or political subdivision subject to the e. Mortgagee: Assignee or Rocalver following provisions: A mortgagee, assignee or receiver but only (1) This Insurance applies only with respect with respect to their liability as mortgagee, to the following hazards for which the assignee, or receiver and arising out of the state or political subdivision has issued a ownership, maintenance, or use of a premises permit in connection with premises you by you. own, rent, or control and to which this This insurance does not apply to structural insurance applies: alterations, new construction or demolition (a) The existence, maintenance, repair, operations performed by or for such additional construction, erection, or removal of insured. advertising signs, awnings, canopies, I. owners/Other Interests – Land Is Leased cellar entrances, coal holes, driveways, manholes, marquees, An owner or other Interest from whom land —_ hoistaway openings, sidewalk vaults, has been leased by you but only with respect street banners, or decorations and to liability arising out of the ownership, similar exposures; or maintenance or use of that specific part of the land leased to you and subject to the following f, The construct on, erection, or (� additional exclusions: i = removal of elevators; or (2) This insurance applies only with respect This insurance does not apply to: to operations performed by you or on your (1) Any "occurrence' which takes place behalf for which the state or political after you cease to lease that land; or subdivision has issued a permit. SB -11 46932-E Page 2 of 5 (Ed. 06111) CNA (EdBas� ) (2) Structural alterations, new Damage To Property, is replaced by the construction or demolition operations following, performed by or on behalf of such k. Damage To Property additional insured. g. Co-owner of Insured Premises 'Property damage' to: A co-owner of a promises co -owned by you 1. Property you own, rent or occupy, and covered under this Insurance but only including any costs or expanses with respect to the co-owners liability as co- incurred by you, or any other person, owner of such premises, organization or entity, for repair, replacement, enhancement, h. Lessor of Equipment restoration or maintenance of such Any person or organization from whom you property for any reason, including prevention of injury to a parson or lease equipment. Such person or organization damage to another s property; are Insureds only with raspact to their liability arising out of the maintenance, operation or 2. Premises you sell, give away or use by you of equipment leased to you by abandon, if the "properly damage' such person or organization. A person's or arises out of any part of those organization's status as an insured under this premises; andorsemeni ends when their written contract 3, Property loaned to you; or agreement with you for such leased equipment ends. 4. Personal property In the cars, With respect to the insurance afforded these custody or control of the insured; additional insureds, the following additional 5. That particular part of any real exclusions apply: property on which you or any This insurance does not apply: contractors or subcontractors working directly or indirectly in your behalf are (1) To any 'occurrence' which takes place performing operations, If the 'property after the equipment lease expires; or damage' arises out of those (2) To "bodily injury,' 'property damage' or operations; or 'personal and advertising injury' arising IL That particular part of any property out of the sole negligence of such that must be restored, repaired or additional insured. replaced because "your work" was Any insurance provided to an additional insured incorrectly performed on it. designated under paragraphs b. through h. above Paragraph 2 of this exclusion does not does not apply to 'bodily injury' or 'property apply if the premises are 'your work' and damage' included within the 'products -completed were never occupied, rented or held for operations hazard,' rental by you. 3. The following is added to Paragraph H. of the Paragraphs 1, 3, and 4, of this exclusion BLISINESSOWNERS COMMON POLICY do not apply to 'property damage" (other CONDITIONS: than damage by fire or explosion) to H. Other insurance promises: (1) rented to you: 4. This insurance is excess over any other Insurance naming the additional insured (2) temporarily occupied by you with the as an insured whether primary, excess, permisslon of the owner, or contingent or on any other basis unless a (3) to the contents of premises rented to written contract or written agreement you for a period of 7 or fewer specifically requires that this Insurance be consecutive days, either primary or primary and A separate limit of Insurance applies to noncontributing. Damage To Premises Rented To You as 4. LEGAL LIABILITY — DAMAGE TO PREMISES described in Section D — Liability and Medical Expenses Limits of Insurance. A. Under B. Exclusions, 1. Applicable to Business Liability Coverage, Exclusion k. SB -146832-E Page 3 of 5 (Ed. 461f 1) CNA Paragraphs 3, 4, 5, and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this excluslon does not apply to 'property damage' included In the 'products -completed operations hazard.' B. Under B. Exclusions, 1. Applicable to Business Liability Coverage, the last paragraph of 2. Exclusicns is deleted and replaced by the following: Exclusions c, d, a, f, g, fl, i, k, I, rn, n, and o, do not apply to damage by fire to premises while ronted to you or temporarily occupied by you with permission of the owner or to the contents of premises ranted to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section O. Liability And Medical Expenses Limits Of Insurance. C. The first Paragraph under item b. Damage To Premises Rented To You Llmiit of Section D. Liability And Medical Expenses Limns Of Insurance is replaced by the following: The most we will pay under Buslness Liability LO for damages because of "property damage" 8 to any one premises, while rented to you, or a temporarily occupied by you, with the permission of the owner, including contents of such premises rented to you for a period of 7 or fewer consecutive days, is the Damage to Promises Rented to You Ilmlt shown In the Declaration. 5. Blanket Waiver of Subrogation We waive any right of recovery we may have against: a. Any person or organization with whom you have a written contract that requires such a waiver. 6. Broad Knowledge of Occurrence The following items are added to E. Businessowners General Liability Conditions In the Businessowners Llabfifty Coverage Form: e. Paragraphs a. and b. apply to you or to any additional insured only when such "occurrence,` offense, claim or 'suit' Is known � to: (1) You or any additional insured that is an Individual; 58-146932-E [Ed. 06111] 58-146932-E (Ed. 06111 ) (2) Any partner, if you or an additional Insured Is a partnership; (3) Any manager, if you or an additional insured is a limited liability company; (4) Any 'executive officer' or Insurance manager, if you or an additional insured is a corporation; (5) Any trustee, If you or an additional insured is a trust; or (6) Any elected or appointed official, if you or an additional Insurad Is a political subdivision or public entity. This paragraph e. applies separately to you and any additional Insured, 7. Bodily Injury Section F. Liability and Medical Expenses Definitions, Item 3. 'Bodily Injury' is deleted and replaced with the following: "Bodily injury" means bodily injury, slckness or disease sustained by a person, including death, humiliation, shack, mental anguish or meatal Injury by that person at any time which results as a consequence of the bodily injury, sickness or disease. 8. Expanded Personal and Advertising Injury Definition a. The following is added to Section F. Liability and Medical Expenses Definitions, item 14. Personal and Advertising Injury, in the Businessowners General Llabtifty Coverage Form: h. Discrimination or humiliation that results In injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation Is: 1. Not done intentionally by or at the direction of. a. The insured; or b. Any 'executive officer,' director, stockholder, partner, member or manager (If you are a limited Ilabllfty company) of the insured; and 2. Not directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person or person by any insured. b. The following is added to Exclusions, Section B.: Page 4 of 5 CNA (15)D€scriminat€on Relating to Room, Dwelling or Premises Caused by discrimination directly or Indirectly related to the sale, rental, lease or sub -lease or prospective sale, rental, lease or sub -lease of any room, dwelling or premises by or at the direction of any Insured. (16) Pines or Penalties Fines or penalties levied or imposed by a governmental entity because of discrimination. c. This provision (Expanded Porsonat and Adveriising Injury) does not apply if SB -146932-E (E=d. 0611 1) SB -146932-E (Ed. 06111) Personal and Advertising Injury Liability is excluded either by the provisions of the Policy or by endorsement. 9. Personal and Advertising Injury Re -defined Section F, Liability and Medical Expenses Definitions, Item 14, Personal Advertising Injury, Paragraph c. is replaced by the following: c. The wrongful eviction from, wrongful entry into, or Invasion of the right of private occupancy of a room dwelling or premises that a person or organization Occupies committed by or on behalf of Its owner, landlord or lessor, Page 5 of 5